SCHEDULE 4AMOUNTS
PART 2Premiums
Severe disability premium6
1
The condition is that the claimant is a severely disabled person.
2
For the purposes of sub-paragraph (1), a claimant is to be treated as being a severely disabled person if, and only if—
a
in the case of a single claimant, a lone parentF27, a person who has no partner and who is responsible for and a member of the same household as a young person or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—
i
ii
subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing; and
iii
no person is entitled to, and in receipt of, F5a carer’s allowance or has an award of universal credit which includes the carer element in respect of caring for the claimant;
b
in the case of a claimant who has a partner—
i
ii
the claimant's partner is also in receipt of the care componentF22, the daily living componentF25, the daily living component of adult disability paymentF20, armed forces independence payment or attendance allowance or, if the claimant is a member of a polygamous marriage, all the partners of that marriage are in receipt of the care componentF22, the daily living componentF13, the daily living component of adult disability paymentF20, armed forces independence payment or attendance allowance; and
iii
subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with the claimant or with whom the claimant is normally residing,
and, either a person is entitled to, and in receipt of, a carer's allowance F7or has an award of universal credit which includes the carer element in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowance F14or has such an award of universal credit in respect of caring for either member of the couple or any partner of the polygamous marriage.
3
Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii) and that partner is blind or severely sight impaired or is treated as blind or severely sight impaired that partner is to be treated for the purposes of sub-paragraph (2) as if the partner were not a partner of the claimant.
4
For the purposes of sub-paragraph (2)(a)(ii) and (b)(iii) no account is to be taken of—
a
b
subject to sub-paragraph (7), a person who joins the claimant's household for the first time in order to care for the claimant or the claimant's partner and immediately before so joining the claimant or the claimant's partner was treated as a severely disabled person; or
c
a person who is blind or severely sight impaired or is treated as blind or severely sight impaired.
5
For the purposes of sub-paragraph (2)(b) a person is to be treated—
a
as being in receipt of attendance allowance or the care component if the person would, but for the person being a patient for a period exceeding 28 days, be so in receipt;
b
as being entitled to, and in receipt of, a carer's allowance F4or having an award of universal credit which includes the carer element if the person would, but for the person for whom the person was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt F9of carer’s allowance or have such an award of universal credit.
F3c
as being in entitled to, and in receipt of, the daily living component if the person would, but for regulations under section 86(1) (hospital in-patients) of the 2012 Act, be so entitled and in receipt.
F2d
as being in entitled to, and in receipt of, the daily living component of adult disability payment if the person would, but for regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022, be so in receipt
6
For the purposes of sub-paragraph (2)(a)(iii) and (b), no account is to be taken of an award of carer's allowance F26or universal credit which includes the carer element to the extent that payment of such an award is backdated for a period before the date on which the award is first paid.
7
Sub-paragraph (4)(b) is to apply only for the first 12 weeks following the date on which the person to whom that provision applies first joins the claimant's household.
8
In sub-paragraph (2)(a)(iii) and (b), references to a person being in receipt of a carer's allowance F19or as having an award of universal credit which includes the carer element are to include references to a person who would have been in receipt of that allowance F11or had such an award but for the application of a restriction under section F166B or 7 of the Social Security Fraud Act 2001 (loss of benefit provisions).
9
F6a
In this paragraph—
F29blind or severely sight impaired” means certified as blind or severely sight impaired by a consultant ophthalmologist and a person who has ceased to be certified as blind or severely sight impaired where that person’s eyesight has been regained is, nevertheless, to be treated as blind or severely sight impaired for a period of 28 weeks following the date on which the person ceased to be so certified;
“the care component” means the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Contributions and Benefits Act.
F15b
A person has an award of universal credit which includes the carer element if the person has an award of universal credit which includes an amount which is the carer element under regulation 29 of the Universal Credit Regulations 2013.